C.F.R. » Title 7 » CHAPTER VII—FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE › SUBCHAPTER D—SPECIAL PROGRAMS › PART 766—DIRECT LOAN SERVICING—SPECIAL › Subpart C—Loan Servicing Programs

7 C.F.R. § 766.101

Initial Agency notification to borrower of loan servicing programs

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(a) Borrowers notified. The Agency will provide servicing information under this section to borrowers who:

(1) Have a current farm operating plan that demonstrates the borrower is financially distressed;

(2) Are 90 days or more past due on loan payments, even if the borrower has submitted an application for loan servicing as a financially distressed borrower;

(3) Are in non-monetary default on any loan agreements;

(4) Have filed bankruptcy;

(5) Request this information;

(6) Request voluntary conveyance of security;

(7) Have only delinquent SA; or

(8) Are subject to any other collection action, except when such action is a result of failure to graduate. Borrowers who fail to graduate when required and are able to do so, will be accelerated without providing notification of loan servicing options.

(b) Form of notification. The Agency will notify borrowers of the availability of primary loan servicing programs, conservation contract, current market value buyout, debt settlement programs, and homestead protection as follows:

(1) A borrower who is financially distressed, or current and requesting servicing will be provided FSA-2512;

(2) A borrower who is 90 days past due will be sent FSA-2510 (Appendix A to this subpart) or FSA-2510-IA (Appendix B to this subpart);

(3) A borrower who is in non-monetary or both monetary and non-monetary default will receive FSA-2514;

(4) A borrower who has only delinquent SA will be notified of available loan servicing;

(5) Notification to a borrower who files bankruptcy will be provided in accordance with subpart G of this part.

(c) Mailing. Notices to delinquent borrowers or borrowers in non-monetary default will be sent by certified mail to the last known address of the borrower. If the certified mail is not accepted, the notice will be sent immediately by first class mail to the last known address. The appropriate response time will begin three days following the date of the first class mailing. For all other borrowers requesting the notices, the notices will be sent by regular mail or hand-delivered.

(d) Borrower response timeframes. To be considered for loan servicing, a borrower who is:

(1) Current or financially distressed may submit a complete application any time prior to becoming 90 days past due;

(2) Ninety (90) days past due must submit a complete application within 60 days from receipt of or FSA-2510-IA;

(3) In non-monetary default with or without monetary default must submit a complete application within 60 days from receipt of FSA-2514.

(e) SED extension authority. In extraordinary circumstances, after the application period described in paragraphs (d)(2) and (3) of this section has expired, the SED may extend the application deadline when requested by the borrower in writing.

[72 FR 63316, Nov. 8, 2007, as amended at 85 FR 36693, June 17, 2020; 89 FR 65048, Aug. 8, 2024]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2008–2021 · leading case: Bean v. Perdue, 316 F. Supp. 3d 220 (D.C. Cir. 2018).
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Bean v. Perdue, 316 F. Supp. 3d 220 (D.C. Cir. 2018). · cites it 4× “See 7 C.F.R. §§ 766.101 , 104(a). A borrower may be considered for loan servicing only under certain conditions.”
Pigford v. Schafer, 536 F. Supp. 2d 1 (D.D.C. 2008). “See 7 C.F.R. § 766.101 et seq. (2007). Such restructuring may include debt consolidation, repayment period extension, interest capitalization, interest rate revision, or debt forgiveness.”
Bean v. Vilsack (D.D.C. 2017). · cites it 3× “”6 7 C.F.R. § 766.101 . However, if a borrower who has received a loan servicing application form “fails to timely respond or does not submit a complete application within [a] 60–day timeframe,” the Agency will notify the borrower of the agency’s intent to accelerate the loan…”
Bean v. Vilsack (D.D.C. 2018). · cites it 3× “See 7 C.F.R. §§ 766.101 , 104(a). A borrower may be considered for loan servicing only under certain conditions.”
Bunce v. Farm Serv. Agency (N.D.N.Y. 2021). “7 C.F.R. §§ 766.101 (a), 766.105(a). Like with an original loan, for primary loan servicing, the FSA must determine that the applicant has a feasible farm operating plan.”
Ewing v. Farm Serv. Agency (N.D. Tex. 2021). “” 7 C.F.R. § 766.101 (c). As shown above, Dean signed above the Dodson, Texas address on both notes, and listed it as his “mailing address” on both mortgages.”
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